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Name: David Michaels
Date: 19 Apr 2022
Affiliation: Business Owner
Original Public Comment: Policy Status Report: Uniform Domain Name Dispute Resolution Policy (UDRP)
Summary of Attachment
Summary of Submission
Minor adjustments to UDRP intake forms should require that Complainants attest that their trademark rights arose prior to the creation date of the domain name in dispute, otherwise their filing of a complaint should be refused.
There's a lack of due process of law for respondents to analyze a complaint, do research, gather evidence, prepare a response, prepare an affidavit, and submit their response, because 20 days is not enough time for most registrants. As a result, most domain registrants don't respond.
There should be an option to request a discovery period for respondents to cross-examine the affiant's on their evidence in the complaint.
Complainants have been found to have made serious misrepresentations in their complaints, and have falsified their claims of prior use, such as in the visitqatar.com UDRP case.